No. 19-1238

Lisa L. Watson v. Ryan McCarthy, Secretary of the Army

Lower Court: Fifth Circuit
Docketed: 2020-04-21
Status: Denied
Type: Paid
Response Waived
Tags: adverse-action adverse-employment-action agency-action civil-rights comparator comparator-evidence discriminatory-termination due-process employment hipaa-compliance performance-improvement-plan prima-facie-case
Key Terms:
HealthPrivacy
Latest Conference: 2020-05-21
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Where is the initial performance upon which grounds the agency fired me for this employer’s adverse action after my alleged failure of the so called initial, . the 90 day, the PIP? 2. Why were my concerns about the conflict of the scores from the 90 day plan not addressed? 3. Why didn’t the court of appeals address the change of my responsibility after which the district court indicated the change is not considered adverse unless there is a change in my responsibility? 4. Why didn’t the court of appeals require the agency to provide the proof that one comparant was allowed to work overtime/comp time without meeting productivity and why didn’t either the USCA or the USDC answer as to why both comparants named were able to receive preferential treatment by being able to work on the first day of hire using paper audits without the HIPAA clearance requirement as well as entitled to an exemption.from working the 90 day plan? 5. Why did the court of appeals dismiss my prima facie facts for the nonselection, denial of comp time, and termination and not question why the district court cited one comparant only and not the other comparant that was ; treated more favorable than me? 6. Why didn’t the court of appeals question why the district court didn’t require of the agency to have punished all auditors with a PIP after the physician workstation errors were common to all auditors? 7. Why was ICD-10 training never based on my meeting productivity? It was punitive because I was already placed in an illegal 90 day plan after failing the so called initial. 8. Why did both USDC and USCA discredit my partial recordings agreeing with the Agency that they won't prove anything, even the discriminatory reasons for the adverse action of wrongful termination, except favor the agency’s defense without considering ALL of the recordings? (i) LIST OF ALL

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-06-10
Petition for Rehearing filed.
2020-05-26
Petition DENIED.
2020-05-05
DISTRIBUTED for Conference of 5/21/2020.
2020-04-30
Waiver of right of respondent McCarthy, Sec. of Army to respond filed.
2020-04-14
Petition for a writ of certiorari filed. (Response due May 21, 2020)

Attorneys

Lisa L. Watson
Lisa L. Watson — Petitioner
Lisa L. Watson — Petitioner
McPherson, Sec of Navy
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent